Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44997 of 2018 Applicant :- Anil Pratap Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Anil Pratap Singh seeking bail in Case Crime No. 167 of 2018, under Sections 147, 148, 149, 323, 324, 307, 354 & 452 IPC and under Section 3(2)5 of The Scheduled Caste and Scheduled Tribes{Prevention of Atrocities} Act, 1989, Police Station Pachokhra, District Firozabad.
Learned counsel for the applicant has submitted that F.I.R. has been lodged against as many as 20 persons, however, general role of assault has been assigned to them. The applicant is not named in the first information report, however, the name of the applicant has surfaced on the basis of the statement of the injured Prem Kishore alongwith 20-25 persons.
Learned counsel for the applicant has next submitted that even according to the prosecution own case, as per the x-ray report of Lakhan, Gaurava, Dheeraj and Saroj, no abnormality has been detected and as such, their injuries are simple in nature.
Learned counsel for the applicant has next submitted that the x-ray report of Ramwati shows fracture of lower end of right radius bone and x- ray report of Prem Shankar shows fracture of lower end of left radius bone. One Gambhir has also been injured and as per his x-ray report, he has suffered fracture of fronto temporo parietal bone. Learned counsel for the applicant has next submitted that the injuries sustained by injured Gambhir has been assigned to co-accused Vikas and Yashwant and no specific role of assaulting him has been assigned to the applicant.The injruries of other victims are on the non-vital part and not dangerous to life.
Learned counsel for the applicant has next submitted that the applicant has no criminal history to his credit and he is in jail since 07.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid fact that the applicant is in jail since 07.09.2018 and he is not named in the F.I.R.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Anil Pratap Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.11.2018\Ashok Gupta